Ohio's Families and Children Rule Review Site

5101:2-52-10 Interstate placement requirements for Ohio courts, parents, or legal guardians when placing a child in a residential placement in another state or territory.

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Please note: These rules are being updated 5-year rule review, changing some language for clarification, and adding additional language from the compact regulations into the OAC.

(A) If an Ohio court is planning to place a child in a residential facility in another state or territory, the court shall send the following to the Ohio ICPC office for each placement resource being requested:

(1) Five hard copies or one electronic copy of the JFS 01661"Interstate Compact Placement Request (ICPC 100A)" (rev. 6/2009.)

(2) Three hard copy packets or one electronic copy containing the following information:

(a) A cover letter clearly identifying the child being placed and the facility where the child is to be placed, office location and telephone number of the originating supervisor making the request.

(b) A child summary that includes:

(i) Custodial, court and social history.

(ii) Special needs of the child.

(iii) Reason for placement.

(c) The child's social security number, birth certificate, and immunization record, if available.

(d) A copy of the court order showing custody status and any subsequent court entries within the last year.

(e) The child's current case plan, if applicable.

(f) A copy of the JFS 01673 "Statement of Assurance" (rev. 6/2011.)

(g) If the child is adjudicated delinquent, a court entry indicating a placement for the child is not available within the court's jurisdiction, the placement is in the best interests of the child and will not produce undue hardship for the child shall be provided.

(h) Letter of acceptance from the residential facility.

(B) If a parent or legal guardian is planning to place a child in a children's residential center in another state or territory, the parent or legal guardian shall send three hard copy packets or one electronic copy of the following documents to the Ohio ICPC office:

(1) The completed JFS 01661 (ICPC 100A). Section 1 of the form shall identify the parent or legal guardian as the person having financial and planning responsibilities for the child. Section 3 of the form shall indicate that monthly supervisory reports are requested.

(2) A cover letter identifying the parent or guardian and the placement resource including name, address, and telephone number, the reason for the placement and the services requested.

(3) Documentation verifying the person's legal authority to place the child (i.e., child's birth verification or guardianship order). If placement is being requested by only one parent, documentation supporting the other parent's consent shall also be provided.

(4) A notarized JFS 01674 "Statement of Assurance" (rev. 8/2006) completed and signed by the person identified on the JFS 01661 as being financially responsible.

(5) Letter of acceptance from the residential facility.

(C) Upon approval by the receiving state or territory as evidenced by a signed JFS 01661 indicating that the placement may be made, the parent, legal guardian or Ohio court shall:

(1) Make arrangements for the child to travel to the receiving state.

(2) Submit the JFS 01662 "Interstate Compact Report on Child's Placement Status (ICPC 100B)" (rev. 6/2009) to the Ohio ICPC office within ten business days of the child's placement or within ten business days of determining the placement will not be made. If the JFS 01662 is not submitted within the six month timeframe, the placement for approval will expire.

(3) Maintain financial responsibility for the care, medical care and education and retain jurisdiction of the child throughout the duration of placement until one of the following occurs:

(a) The child reaches the age of majority.

(b) The child returns to Ohio.

(D) The parent, legal guardian or court shall submit two hard copies or one electronic copy of the JFS 01662 to the Ohio ICPC office within ten business days of when any of the following occurs for a child the parent, legal guardian or court has placed:

(1) The placement disrupts.

(2) The child has been discharged from placement.

(E) Upon notification from the appropriate authority in the receiving state, from the agency supervising the placement, or from Ohio ICPC office, that a child's return is necessary, the parent, legal guardian or Ohio court shall arrange for the child's return or for an alternative placement. All costs associated with the child's return or alternative placement shall be the responsibility of the Ohio sending entity.

Replaces: 5101:2-52-06, 5101:2-52-08

Effective: 05/16/2014
R.C. 119.032 review dates: 05/01/2019
Promulgated Under: 119.03
Statutory Authority: 5103.23
Rule Amplifies: 2151.39, 5103.23
Prior Effective Dates: 1/14/83, 7/1/90, 2/13/98 (Emer), 5/14/98, 2/15/02, 8/18/03, 10/20/06, 6/1/09, 6/1/10